Archive for September, 2005

On August 31, Judge Kessler, noting that “there is no single, integrated, numerically-ordered list of admitted exhibits for either the public or the Court of Appeals,” ordered the DOJ and Defense to file comprehensive lists of their admitted exhibits by Nov. 15.
Text follows of Judge Kessler’s Order 1001 Mandating Exhibit Lists
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UNITED STATES DISTRICT […]

The Defense filed its opposition to certiorari on Sept. 16. Submitted by Jones Day’s Todd R. Geremia and Michael A. Carvin (who argued the cause for appellants at the DCCA), it is a concisely-worded argument which not only strictly parses the language of Congress and case law, but subtly presents an apocalyptic vision […]

Sometime after Tobacco-on-trial’s last report, most likely on September 16, the States’ “Motion for Leave to Participate as Amici Brief,” as well as the brief itself, appeared on the docket. We know documents were submitted to the court clerk on the 12th because the first page is so stamped. The reason for the docket/PACER delay […]

TABLE OF CONTENTS
Page
INTRODUCTION AND SUMMARY…..1
I. RATHER THAN DEFEND THE GOVERNMENT’S PROPOSED REMEDIES, THE INTERVENORS’ BRIEF URGES THE COURT TO ADOPT NEW REMEDIES THAT WERE NOT THE SUBJECT OF EVIDENCE AT TRIAL…..2
II. INTERVENORS’ ARGUMENT THAT THEIR PROPOSALS CAN BE AUTHORIZED AS “DIVESTITURE” UNDER […]

In a motion to appear as amici curiae, 21 states and DC are asking Judge Kessler to order Defendants’ to maintain their MSA-mandated document websites through June 2030, and to fund the American Legacy Foundation.
There has been no news about this remarkable motion, and it is not apparently available on PACER from the Docket. […]

Since the beginning of this trial, the Government has struggled to squeeze recycled accusations from prior tobacco litigation into the unique and limited confines of civil RICO. The uncomfortable tension between the requirements of the RICO statute and the facts of this case became manifest as Government witness after witness conceded […]

Legal Filings
Although the amount of legal filings in this case are too numerous to include in their entirety on this Web site, some of the more important motions, briefs and orders may be found under this section. This section will be updated as filings become available.

[S]ix leading public health groups on Jun 29, 2005, filed a motion to intervene and become parties to the case. Because the government weakened the remedies it is seeking, “the interests represented by the proposed intervenors are no longer being adequately represented,” the motion states. The motion was filed by the Tobacco-Free Kids Action […]

From: www.essentialaction.org/t…
Essential Action, along with the City and County of San Francisco, the Asian-Pacific Islander American Health Forum, the San Francisco African American Tobacco Free Project (SFAATFP), and the Black Network In Children’s Emotional Health (BNICEH), in August 2005 filed an amicus brief in the U.S. federal government’s RICO (Racketeer Influenced and Corrupt Organization Act) […]

It has come to the Blog’s attention that even knowledgeable people are confused about where to find things in the spate of recent filings. I will try to sort out and post the many health groups’ records, but those looking for the DOJ’s filings–especially its massive, 2500-page, 16MB, redacted Post-Trial Proposed Findings of Fact […]